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Doctors Learn that Apologies Can Prevent Lawsuits
By Lauren | June 3, 2008
The New York Times reported recently about an encouraging new trend in the medical profession. It seems that doctors are being encouraged to take a new approach when they make a mistake. Instead of denying, stonewalling, and waiting for the malpractice lawsuit papers to land on their desks, doctors are starting to admit their honest errors and apologize.
What a great idea!
Even the best doctor is a fallible human being who will make occasional mistakes despite taking due care. Hands slip, eyes water, and important details can get lost in the haystack of a patient’s medical records. (It’s also important to remember that medical care is an uncertain business. If a patient was perfectly healthy, he or she wouldn’t need treatment, so the doctor is usually starting with an illness or injury that may not be readily cured.) If the doctor pretends to be above all criticism, an injured patient or grieving family may be more likely to challenge the doctor’s posturing in court. If, on the other hand, a doctor promptly admits to an error and sincerely apologizes, there’s often greater opportunity to resolve the mistake, and a greater likelihood that the doctor will be forgiven and an expensive malpractice suit avoided.
According to the Times, the medical profession hopes that “promptly disclosing medical errors and offering earnest apologies and fair compensation” will help doctors “restore integrity to dealings with patients, make it easier to learn from mistakes and dilute anger that often fuels lawsuits.” It’s a beautiful vision and, in my experience, one that’s likely to be fulfilled.
Topics: Legal Ethics, Risk Management |
June 6th, 2008 at 9:08 am
Lauren,
As members of one of the most highly paid and respected professions, doctors have an ethical obligation to disclose errors in a prompt manner and offer a full professional apology.
Doctors are human and sometimes make errors. However, apologies for mistakes are a matter of simple professional etiquette.
In terms of preventing lawsuits, in most cases, the prompt disclosure of medical errors, coupled with a sincere apology, either prevent or mitigate the effect potential lawsuits, particularly as patients appreciate the honest and professional attitude of the doctor.
There may be some cases where the patient has a manipulative personality. In such a case, the patient may try to exploit the professional disclosure of the doctor and use such an admission against the doctor in legal proceedings.
However, I would think this type of patient would be the exception rather than the rule.
Cheers
Andrew
June 9th, 2008 at 2:37 am
Hi Andrew,
Your comments seem to me to be right on target. I hope this trend continues for doctors, and that other professions pick it up as well.
Best,
Lauren